BILL ANALYSIS �
AB 2402
Page 1
( Without Reference to File )
CONCURRENCE IN SENATE AMENDMENTS
AB 2402 (Huffman)
As Amended August 24, 2012
Majority vote
-----------------------------------------------------------------
|ASSEMBLY: |50-27|(May 30, 2012) |SENATE: |21-18|(August 31, |
| | | | | |2012) |
-----------------------------------------------------------------
Original Committee Reference: W., P. & W.
SUMMARY : Makes numerous changes to the Fish and Game Code to
implement goals and recommendations arising from a Strategic
Vision process for the Department of Fish and Game (DFG) and the
Fish and Game Commission (FGC). Renames DFG as the Department
of Fish and Wildlife; articulates state policies regarding the
DFG's and the FGC's use of ecosystem-based management, credible
science, and partnerships; requires establishment of a science
institute program to assist DFG and the FGC in obtaining
independent scientific review; authorizes DFG and the FGC to
adjust certain fees to provide for recovery of administrative
costs; and, makes other changes to the Fish and Game Code.
The Senate amendments :
1)Delete language requiring DFG to modify its Automated License
Data System (ALDS) to include information on Fish and Game
Code violations, and instead require DFG to prepare a
feasibility study report on an electronic system to track
citations issued by fish and game wardens, exchange
information with the courts, and transfer data to the ALDS.
2)State legislative intent that DFG work with the federal Bureau
of Land Management to develop durable mitigation on federal
lands in perpetuity.
3)State that it is the policy of the state that DFG and the FGC
seek to create, foster, and actively participate in effective
partnerships and collaborations with other agencies and
stakeholders to achieve shared goals and to better integrate
fish and wildlife resource conservation and management with
the natural resource management responsibilities of other
AB 2402
Page 2
agencies, and to participate in interagency coordination
processes that facilitate consistency and efficiency in review
of projects involving multiple permits.
4)Codify establishment of a science institute program within DFG
to assist DFG and the FGC in obtaining independent scientific
review. Provide that the program may include ad hoc
independent scientific committees consisting of scientific
experts.
5)Modify the process for issuance of scientific collector
permits.
6)Require DFG and the FGC to update their strategic plan and
authorize DFG to retain consultants for that purpose.
7)Delete a reference to collection of entry pass fees on
department-managed lands.
8)Authorize DFG to enter into agreements to receive funds for
conservation programs to supplement other existing resources.
Require that any funds received be deposited in the Fish and
Game Preservation Fund. Authorize DFG to enter into
agreements with nonprofit organizations to assist in efforts
to secure long-term funding for conservation programs,
including securing donations, sponsorships, and marketing and
licensing agreements.
9)Delay for one year until December 31, 2013, the due date for
repayment of a loan from the Renewable Resource Trust Fund to
the Renewable Energy Resource Development Trust Fund.
10)Extend existing law providing salary benefits to state peace
officers who are disabled or injured in the course of their
duties to also apply to state fish and game wardens.
11)Delete legislative intent that the Judicial Council review
and update the Uniform Bail and Penalty Schedule with regard
to Fish and Game Code violations.
AB 2402
Page 3
12)Require DFG, to the extent feasible and subject to available
resources, to establish and coordinate an environmental crimes
task force.
EXISTING LAW :
1)Establishes DFG in the Natural Resources Agency and provides
that wildlife resources are held in trust by DFG for the
people of the state, and generally charges DFG with
administration and enforcement of the Fish and Game Code.
2)Establishes the FGC in the Constitution and authorizes the
Legislature to delegate to the FGC powers relating to the
protection and propagation of fish and game. The Legislature
has delegated by statute to the FGC the power to regulate the
taking or possession of birds, mammals, fish, amphibians and
reptiles in accordance with prescribed laws.
3)Provides in the Fish and Game Code for various licenses and
permits, the fees for which are in some cases set in statute
and in other cases set by DFG or the FGC. Most of the fees
set in statute are subject to annual adjustments based on the
Implicit Price Deflator index.
AS PASSED BY THE ASSEMBLY , this bill made numerous changes to
the Fish and Game Code to implement goals and recommendations
arising from a Strategic Vision process for DFG and the FGC.
Specifically, this bill renamed DFG as the Department of Fish
and Wildlife; stated legislative intent that DFG seek to foster
partnerships and collaborations, particularly for projects
involving multiple permits; expressed state policies regarding
the use of ecosystem-based management and credible science;
required the establishment of a standing independent science
advisory panel to assist DFG; required DFG to collect entry
pass permits from non-consumptive users of department-managed
lands; required DFG to modify its ALDS to track fish and game
code violations; authorized adjustment of various license and
permit fees for cost recovery; stated legislative intent that
the Uniform Bail and Penalty Schedule be revised; and, required
funds remaining in various dedicated accounts that were
AB 2402
Page 4
previously consolidated into the Big Game Management Account to
be transferred to the Account.
FISCAL EFFECT : According to the Senate Appropriations
Committee:
1)Renaming the department is likely to incur one-time costs to
update information technology systems to accommodate the
change. The costs will likely range from $150,000 to $300,000.
While this bill directs DFG not to change or destroy existing
supplies, information technology systems (such as DFG Web
sites and email systems) will likely have to be upgraded all
at once, rather than over time as system maintenance occurs.
2)Establishing an independent science panel - DFG will likely
incur costs to provide staff support and pay administrative
costs. Those costs are likely to be between $100,000 and
$200,000 per year.
3)Adjusting licensing fees - DFG will incur costs of about
$100,000 per year to adjust fees and update regulations.
Potential fee increases in revenues are unknown, and will
depend upon DFG's actual costs to issue licenses. There is
general consensus that DFG's programs to support wildlife and
enforce the law are underfunded. However, any fee increases
that would occur under this bill would only be available to
offset DFG's costs to issue licenses and would not be
available to more broadly support DFG's mission.
4)Development of a Strategic Plan - one-time staff costs up to
$200,000.
5)Partnering with nonprofit organizations - this bill authorizes
DFG to partner with nonprofit organizations to raise revenues
for DFG activities. The extent to which this will increase
AB 2402
Page 5
revenues is unknown.
6)Creation of an environmental crimes taskforce - ongoing costs
up to $100,000 per year to provide staff support.
7)Disability payments to game wardens - unknown costs to pay
annual salary rather than disability payments to injured game
wardens. The number of game wardens impacted is unknown. In
general, the bill will increase disability payments by
one-third over current law.
8)Delayed loan repayment - one-time cost of $10 million from the
delay in a required repayment of a loan from the Renewable
Resources Trust Fund (General Fund) to the Renewable Energy
Resources Development Fee Trust Fund.
COMMENTS : This bill enacts recommendations coming out of a
strategic visioning process for DFG and the FGC initiated as a
result of the passage of AB 2376 (Huffman), Chapter 424,
Statutes of 2010. Pursuant to AB 2376, the State Natural
Resources Agency Secretary appointed a state executive
committee, a blue ribbon citizen's commission, and a broad-based
stakeholder advisory group, and engaged in a collaborative
public process to develop recommendations on ways to enhance the
capacity and effectiveness of DFG and the FGC in protecting and
managing California's fish and wildlife for the benefit and use
of the people of the state.
The Senate amendments removed requirements for information
technology upgrades to DFG's electronic systems and instead
require preparation of a feasibility study report. The
amendments also converted legislative intent language on
partnerships and collaborations to an expression of state
policy. The amendments modified provisions in the Assembly
version calling for establishment of a standing independent
scientific advisory panel to instead codify an existing science
institute within DFG to assist DFG in obtaining independent peer
review, and authorizing the formation of ad hoc independent
scientific committees consisting of scientific experts as
AB 2402
Page 6
needed. Provisions requiring DFG to charge entry pass fees for
nonconsumptive users of department-managed lands were deleted to
avoid chaptering out conflicts with SB 1249 (Wolk) which
contains similar requirements. Provisions were added calling
for DFG to update its own strategic plan, which will allow DFG
to continue working with stakeholders on further implementation
of the goals of the strategic vision.
Analysis Prepared by : Diane Colborn / W., P. & W. / (916)
319-2096
FN: 0005827